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UTAH-BASED FIRM MAY SUE NEVADA PANEL

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The head of a Utah-based ice cream company says he's prepared to sue the Nevada Dairy Commission for not issuing him a $25 permit needed to sell his products.

"The dairy commission Dairy Commission is ripping me apart," said James Barlome of Premium Distributing Co. of Salt Lake City. "I found people in other states where I sell ice cream gracious, but Nevada has been a nightmare."Two weeks ago, the commission fined Bartlome $5,000 for selling his ice cream without acquiring the necessary permits and licenses.

His hearing for a permit has been scheduled for November in Las Vegas, but the commission's legal counsel has recommended a denial of the request.

Meanwhile, Bartlome said he is paying five workers to sit idle in his Las Vegas distribution headquarters. He added he has discussed his dilemma with members of the staffs of Gov. Bob Miller's and Las Vegas Mayor Ron Lurie.

"I have tried to talk with the Dairy Commission members and the director, William X. Smith," he added. "They are all right alone, but get them together and they are rude."

Richard Young, the Dairy Commission's attorney, said Barlome was told to stop his sales and went ahead anyway. But Bartlome said he requested and got all required permits except for the one from the Dairy Commission.

"It is not like I killed someone or I smuggled dope into Nevada," he added. "I want to sell ice cream."